7 USC 4315 – Certification of organizations; applicable criteria and considerations
The eligibility of any organization to represent producers of flowers and plants of any producing area of the United States or importers of flowers and plants, for purposes of requesting the issuance of an order under section 4304 of this title, or making nominations under section 4306(2) of this title, shall be certified by the Secretary. Certification shall be based, in addition to other available information, upon a factual report submitted by the organization which shall contain information deemed relevant and specified by the Secretary for the making of such determination, including, but not limited to, the following:
(1) geographic territory covered by the organization’s active membership;
(2) nature and size of the organization’s active membership, the proportion of such active membership accounted for by producers and importers, and information as to the volume of production by State or the volume of importation by country accounted for by the organization’s producer and importer members;
(3) the extent to which the producer and importer membership of such organization is represented in setting the organization’s policies;
(4) evidence of stability and permanency of the organization;
(5) sources from which the organization’s operating funds are derived;
(6) functions of the organization;
(7) whether the majority of the governing board of the organization is composed of producers and importers; and
(8) the organization’s ability and willingness to further the aims and objectives of this chapter.
The primary consideration in determining the eligibility of any organization shall be whether its membership consists of a substantial number of producers and importers who produce and import a substantial volume of flowers and plants. The Secretary shall certify any organization which is found to be eligible under this section, and the Secretary’s determination as to eligibility shall be final. Whenever more than one organization is certified in any geographic area, such organizations may caucus to determine the area’s nominations under section 4306(2) of this title.
Terms Used In 7 USC 4315
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- flowers and plants: means cut flowers, potted flowering plants, foliage plants, and propagational material. See 7 USC 4302
- importer: means any person who imports cut flowers, potted flowering plants, or foliage plants from outside of the United States or who acts as an agent, broker, or consignee of any person or nation that produces flowers and plants outside of the United States for sale in the United States. See 7 USC 4302
- producer: means any person who produces domestically, for sale in commerce, cut flowers, potted flowering plants, or foliage plants. See 7 USC 4302
- Secretary: means the Secretary of Agriculture of the United States Department of Agriculture. See 7 USC 4302
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- United States: means the fifty States of the United States of America, the territories and possessions of the United States of America, and the District of Columbia. See 7 USC 4302